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Tuesday, October 30, 2012

Drug dogs are problem solvers. The problem they solve is that police need probable cause to search things. Probable cause is not a lot, but it does mean that that there must be a fair probability that contraban will be found in a place. Police often have a hunch that a search will uncover drugs, but that is not enough. What they need is that sweet probable cause.

Monday, October 22, 2012

The Maine Board of Overseers Begins a hearing into Possible Bar Violations by ADA Mary Kellett.

ADA Kellett successfully prosecuted Vladek Filler, accused of domestic violence assault and gross sexual assault against his ex wife. There was evidence that the wife went to police only to gain an advantage in a child custody case. At trial, Kellett objected to the defense attorney's line of questioning on the issue and the judge excluded the testimony.

Still, nothing I have read really says much about the legal issues at play here. As the story develops, I expect that this will make the case even more interesting.

Prostitution Cases Can be Difficult to Prove:

As far as I can see, the prosecution has some real practical problems that will make it hard to convict many of the Prostitution Patrons. See, they really wanted to make a splash with a lot of charges of some high profile figures and so the ADA charged a bunch of guys with Engaging a Prostitute. In any particular case the State needs to prove that the man paid for sex. But what proof with there be:

The defendant can't be called as a witness against themselves at trial because the fifth amendement prohibits that.

The only other witness to the encounters was (probably) Alexis. She can't be forced to testify about having sex or about making money because she faces charges related to both of those things.

The records Ms. Wright kept would be pretty good evidence, but for business records to be admissible at trial, a "custodian of records" needs to authenicate them. Alexis is likely the only custodian and so those probably are not coming in without her testimony.

Of Course there are ways to get around some of these issues. The most obvious is to get defendants to make statements to the police admitting they paid for sex. Those statements, or recordings of them, can just be recited at trial and that's all the proof a jury needs.

Defendants have the Right to Remain Silent. So Don't Talk to the Police!:

This is why it is so important for people charged with crimes to keep their mouths shut. When the cops tell you: "it will be easier for everyone if you just tell us what happened" what they are really saying is: "it will be almost impossible to prove this case unless you confess."

Every case is unique and there is a lot more to it than that. But, in the end, the defendants who keep quiet, might get out of this without a conviction and some will be able to avoid ever getting charged. The ones who "did the right thing" and came clean might be rewarded with a nice write up in the paper and a criminal conviction to boot.

Friday, October 5, 2012

Mixing Alcohol and Minors Can Be Trouble

Recent news reports show that prosecutors take furnishing alcohol to minors and providing a place for minors to consume alcohol seriously and judges are willing to impose serious sentences. These offenses seem to come up pretty often so it's worth taking a closer look at the Law.

Well, this article in the Bangor Daily News discusses new Maine Housing Authority regulations that will force Medical Marijuana users out of Section 8 housing. The problem is that, even though medical marijuana is legal in Maine, it is illegal under federal law. Since section 8 is a federal housing subsidy, you can't get it if you violate federal drug laws.

It seems extremely likely that we are going to see other issues crop up: medical marijuana users charged with federal firearms violations for hunting, or problems with federal student aid for Marijuana patients. These are strange times. States are progressing in an understanding of Marijuana as a substance that should be regulated, not prohibited. Federal authorities still have a 1920s mentality and the rigidity is creating some difficult tensions. I am sure we will see some challenging cases of defendants caught in the crossfire.

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Attorney Luke S. Rioux

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Disclaimer:

Much of the content of this site is information about, and interpretation of the law. Understand that the information should not be taken as legal advice that you can rely on in making important decisions. For one thing, there may be mistakes on the site. Also, and more importantly, each case presents a unique set of facts and it's hard to generalize between cases. Determining what legal issues are presented requires applying a complete understanding of the law to your unique facts. That is why you need a lawyer. Obviously, I do not represent you unless we both agree to form that relationship.